GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 1139*
Finance Committee Substitute Adopted 5/12/93

Short Title:  Increase Court Fees.	(Public)
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Sponsors:
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Referred to:  
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May 11, 1993

A BILL TO BE ENTITLED
AN ACT TO INCREASE FEES IN THE GENERAL COURT OF JUSTICE, TO ESTABLISH THE PERCENTAGE RATES FOR THE PUBLIC UTILITY REGULATORY FEE AND THE INSURANCE REGULATORY CHARGE, AND TO PROVIDE FOR HEARINGS FOR PERSONS WHO FAIL TO APPEAR IN CRIMINAL COURT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-304(a)(4) reads as rewritten:
"(4)	For support of the General Court of Justice, the sum of forty-six dollars ($46.00) in the district court, including cases before a magistrate, and the sum of fifty-three dollars ($53.00) in the superior court, to be remitted to the State Treasurer."
Sec. 2.  G.S. 7A-305(a)(2) reads as rewritten:
"(2)	For support of the General Court of Justice, the sum of sixty dollars ($60.00) in the superior court, and the sum of forty-five dollars ($45.00) in the district court except that if the case is assigned to a magistrate the sum shall be twenty-eight dollars ($28.00).  Sums collected under this subsection shall be remitted to the State Treasurer."
Sec. 3.  G.S. 7A-306 reads as rewritten:
"§ 7A-306.  Costs in special proceedings.
	(a)	In every special proceeding in the superior court, the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of four dollars ($4.00) to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice the sum of thirty-one dollars ($31.00).  In addition, in proceedings involving land, except boundary disputes, if the fair market value of the land involved is over one hundred dollars ($100.00), there shall be an additional sum of thirty cents (30¢) per one hundred dollars ($100.00) of value, or major fraction thereof, not to exceed a maximum additional sum of two hundred dollars ($200.00). Fair market value is determined by the sale price if there is a sale, the appraiser's valuation if there is no sale, or the appraised value from the property tax records if there is neither a sale nor an appraiser's valuation. Sums collected under this subsection shall be remitted to the State Treasurer.
(b)	The facilities fee and thirty-one dollars ($31.00) of the General Court of Justice fee are payable at the time the proceeding is initiated.
(c)	The following additional expenses, when incurred, are assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Counsel fees, as provided by law.
(3)	Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal.
(4)	Fees for personal service of civil process, and other sheriff's fees, and for service by publication, as provided by law.
(5)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fees of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary.
(d)	Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket.
(e)	Nothing in this section shall affect the liability of the respective parties for costs, as provided by law.
(f)	This section does not apply to a foreclosure under power of sale in a deed of trust or mortgage."
Sec. 4.  G.S. 7A-307 reads as rewritten:
"§ 7A-307.  Costs in administration of estates.
	(a)	In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney, and in collections of personal property by affidavit, the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of four dollars ($4.00), to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice, the sum of thirty-one dollars ($31.00), plus an additional forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed three thousand dollars ($3,000). Gross estate shall include the fair market value of all personalty when received, and all proceeds from the sale of realty coming into the hands of the fiduciary, but shall not include the value of realty. In collections of personal property by affidavit, the fee based on the gross estate shall be computed from the information in the final affidavit of collection made pursuant to G.S. 28A-25-3 and shall be paid when that affidavit is filed. In all other cases, this fee shall be computed from the information reported in the inventory and shall be paid when the inventory is filed with the clerk. If additional gross estate, including income, comes into the hands of the fiduciary after the filing of the inventory, the fee for such additional value shall be assessed and paid upon the filing of any account or report disclosing such additional value. For each filing the minimum fee shall be ten dollars ($10.00). Sums collected under this subsection shall be remitted to the State Treasurer.
(2a)	Notwithstanding subdivision (2) of this subsection, the fee of forty cents (40¢) per one hundred dollars ($100.00), or major fraction, of the gross estate, not to exceed three thousand dollars ($3,000), shall not be assessed on personalty received by a trust under a will when the estate of the decedent was administered under Chapters 28 or 28A of the General Statutes. Instead, a fee of fifteen dollars ($15.00) shall be assessed on the filing of each annual and final account.
(2b)	Notwithstanding subdivisions (1) and (2) of this subsection, no costs shall be assessed when the estate is administered or settled pursuant to G.S. 28A-25-6.
(3)	For probate of a will without qualification of a personal representative, the clerk shall assess a facilities fee as provided in subdivision (1) of this subsection and shall assess for support of the General Court of Justice, the sum of twenty-two dollars ($22.00).
(b)	In collections of personal property by affidavit, the facilities fee and thirty-one dollars ($31.00) of the General Court of Justice fee shall be paid at the time of filing the qualifying affidavit pursuant to G.S. 28A-25-1. In all other cases, these fees shall be paid at the time of filing of the first inventory. If the sole asset of the estate is a cause of action, the thirty dollars ($30.00) shall be paid at the time of the qualification of the fiduciary.
(b1)	The clerk shall assess the following miscellaneous fees:
(1)	Filing and indexing a will with no probate
	– first page	$ 1.00
	– each additional page or fraction thereof	.25
(2)	Issuing letters to fiduciaries, per letter over five
	letters issued	1.00
(3)	Inventory of safe deposits of a decedent, per box, per day 15.00
(4)	Taking a deposition	5.00
(5)	Docketing and indexing a will probated in another
	county in the State
	– first page	1.00
– each additional page or fraction thereof	.25
(c)	The following additional expenses, when incurred, are also assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Counsel fees, as provided by law.
(3)	Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal.
(4)	Fees for personal service of civil process, and other sheriff's fees, as provided by law.
(5)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law.
(d)	Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket.
(e)	Nothing in this section shall affect the liability of the respective parties for costs, as provided by law."
Sec. 5.  The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is eight and one-half hundredths percent (0.085%) of each public utility's North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 1993.
Sec. 6.  G.S. 20-24.1 is amended by adding a new subsection to read:
"( b1)	A defendant must be afforded an opportunity for a trial or hearing within a reasonable time of the defendant's appearance.  Upon motion of a defendant, the court must order that a hearing or trial must be heard within a reasonable time."
Sec. 7.  The percentage rate to be used in calculating the insurance regulatory charge under G.S. 58-6-25 is seven and seventy-five hundredths percent (7.75%) for the 1993 taxable year.
Sec. 8.  Sections 1 through 6 of this act become effective July 1, 1993.  Section 7 of this act is effective for taxable years beginning on or after January 1, 1993.  Sections 1 through 4 of this act shall apply to all fees assessed or paid on or after July 1, 1993.  Section 6 of this act applies to appearances made under that section on or after July 1, 1993.